Unless you obtain stay to the selection process there is nother way. Or you should seek order that slection process would be subject to final outcome of your case. Even in vacation the court hears urgent cases in vacation bench, circulate the matter and try to get the order of stay ASAP.
Regarding job
Sir i got selected in government job but two criminal cases are pending on me under IPC 384,386,387,294,506(2), 34, 500 In high court but chargesheet is yet not filled. Without supressing any details i have disclosed all my cases in Personal Detail Form. But my employer rejected my candidature based on this cases. Now they are saying that they will clear waiting of another candidate for this seat. But one of my friend told me that there is a legal provision that emloyer cannot give your seat to anyone until your case will be decided and they have to reserve this seat . He gave an example of supreme court case- ramprasad verma and others vs state of punjab scc(l&s) 1236 year 2004. So i want to know that is there any provision of reserving my seat until my case gets decided by court or its total upto on employer wish to hold this seat or not and is there any way i can get this job. One more thing to mention that i also submitted the writ petition in high court against the decision of my employer but unfortunately decision was gone in favour of the employer. So i again filed writ apeal in double bench of high court challenging this decision but the case is not listed yet due to summer vacation. And employer is in the process to clear my seat for waiting list candidate. So please help me ,give any suggestion to hold this process
Asked 6 years ago in Civil Law
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11 Answers
The pendency of the criminal case is no bar to applying for govt jobs but the rejection or approval of candidature depends on the government.
. In State of Gujamt and Anr. v. Suryakant Chunilal Shah 1999(1) SCC 529 : 1999(2) SLJ 28 (SC) as regards involvement in criminal case on the basis of an FIR the following observation has been made:
The involvement of a person in criminal case does not mean that he is 'guilty'. He is still to be tried in Court of law and the truth has to be found out ultimately by the Court where the prosecution is ultimately conducted.
Follow up with the Appeal filed at the High Court. Please send the judgment of the Single Judge so that we may check as to on what basis the Single Judge refused the prayer.
Have you served the employer with the Appeal papers? An urgent listing can be done before Vacation bench citing the reason mentioned by you.
You have already done what was required to be done and lost before single bench. Now appeal before division bench. Please try and get it listed before vacation bench by showing emergency and urgency. If case is not listed then wait for the vacation to get over. Sorry nothing more can be done.
Dear Client,
No such provision of reserve seat until during pendency of writ, court orders to keep one seat vacate.
Sections under which your are booked are serious in nature, If charge sheet filed, than after conclusion of trial, order should be honorably acquitted.
Still, question will rest, subject to Moral Turpitude.
So, quashing of FIR is must.
1. you can definitely move the writ appeal before division bench citing urgency in the matter since your employer is in the process of allotting the job to someone else
2. you can ask your lawyer to file a circulation precipe to bring the matter on board for urgent hearing
SIr there is no such provision of reserving still till pendency of prosecution against you. Pray for urgency in matter and get it circulated before the vacation bench and pray for interim stay till the time your petition is not heard by the division bench.
Further if there is no stay from high court or SC employer can give the seat to the waiting candidate.
Dear,
You are in deep trouble right now and you very well know that which section's charged on you,
why it's charged. So you are confident that you will be acquitted in these section's.
Coming to your issue, please pursue vacation bench to hear your case, and list before final list
came out.
You are selected but not joined yet, so it's up to on employer.
You should file an application for urgent hearing in high court as it is a really urgent matter.
Moreover, high court has vacation bench during vacations and your matter can be put up there.
As you have satisfactory grounds of urgency, your advocate may mention the matter before the concerned bench and request for the matter to be listed. You have to make a strong case of urgency by way of creation of third party rights over your job post requiring urgent relief that would require immidiate attention of the court.
For any other queries, feel free to contact.
Regards.
If the law requires you to qualify for the post with the prescribed criteria then this pending criminal cases shall be a lacuna or legal impediment.
The high court has already dismissed your petition once.
However you have preferred another writ petition on the same lines so wait for the judgement.
Present your case before the supreme court in view of inordinate delay which causing lost to you
